Treasury Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1912 No. 248, Provisional Treasury Regulation under the Audit Act 1901–1909, was enacted to address a specific issue regarding the computation of salaries, wages, and allowances for officers and seamen of the Fisheries Investigation vessel. This Provisional Regulation was issued by the Governor-General in Council, acting on the advice of the Federal Executive Council, due to the urgency of the matter. The policy objective behind this regulation was to ensure a consistent and fair method of calculating the pay for the personnel involved, aligning it with the requirements outlined in the Audit Act 1901–1909. This regulation was put into immediate operation to rectify the discrepancy in the calculation method as specified in Treasury Regulation 47, ensuring that each day's pay is computed as one-thirtieth of the monthly rate.

Scope and Application

The Provisional Treasury Regulation under the Audit Act 1901-1909, as outlined in Statutory Rules 1912, No. 248, pertains specifically to the computation of salaries, wages, and allowances for officers and seamen of the Fisheries Investigation vessel. This amendment, made with the urgency of immediate effect, modifies the method of calculation as specified in Treasury Regulation 47. This regulation applies to personnel directly involved in the Fisheries Investigation vessel operations, ensuring their remuneration is calculated by considering each day's pay as one-thirtieth of the monthly rate. The regulation is issued under the authority of the Commonwealth of Australia and is applicable within the jurisdictional reach of the Commonwealth, meaning it affects entities and personnel engaged in federal government activities, particularly those involved in maritime and fisheries investigations. This legislative amendment is confined to the calculation method for specific personnel within the Fisheries Investigation vessel and does not broadly extend to other industries or entities outside this scope. The regulation does not provide explicit exclusions, exemptions, or thresholds beyond the defined group of officers and seamen mentioned. Any further application or interpretation of this regulation may be extended or restricted through subordinate instruments, ensuring that its implementation aligns with broader fiscal policies and operational requirements of the Commonwealth.

Key Provisions

The main operative sections of the Provisional Treasury Regulation under the Audit Act 1901–1909 include an amendment to Regulation 47 (section 1). This amendment specifies that, despite the calculation method outlined in the existing regulation, the salaries, wages, and allowances for officers and seamen of the Fisheries Investigation vessel should be calculated by treating each day's pay as equal to one-thirtieth of the monthly rate. This ensures that remuneration for those working on a part-month basis is accurately determined. The obligations imposed by this regulation on the relevant parties primarily concern the calculation and payment of salaries, wages, and allowances for the officers and seamen of the Fisheries Investigation vessel. Under the amended Regulation 47, it is mandatory that the remuneration is computed as stipulated, ensuring that each day’s pay reflects a precise fraction of the monthly earnings. This precision is essential for maintaining fair and accurate compensation for part-month employment. Breaches of this regulation, if any, could result in significant consequences. Although the specific penalties are not outlined in the statutory rules provided, breaches of regulations under the Audit Act 1901–1909 can typically lead to civil or criminal penalties. In civil cases, the party in breach may be subject to fines, restitution, or other corrective measures as deemed appropriate by the relevant authorities. In more severe cases, criminal penalties could be imposed, including imprisonment, reflecting the seriousness of non-compliance with statutory obligations.